Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

In this post, the authors map the journey of Pakistan in the investment arbitration regime from advocating, promoting, and endorsing to regulating and constraining its purview. The authors suggest that Pakistan’s BIT programme should undergo a systemic shift to promote itself. Continue reading Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

(BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

In the second part of this series, the author continues to examine how current standards can accommodate future fossil phases out cases. The article ends with an analysis of how the current IIA regime can be re-evaluated to address the climate-investment conflict. Continue reading (BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

(BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

With the introduction of a new regulation globally, that is, converting net-zero commitments into concrete policy, a big economic transformation is expected. International investment law, however, does not seem to cope with this new reality as it remains at odds with most of these developments. In the first part of this series, the author explores the conflict between climate and investment law. The author then analyses how current standards can be used in future fossil-fuel phase out cases. Continue reading (BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

In the second part of this series, the author makes an argument for elimination of subjectivity in terms of understanding of data and looks in to the necessity for introduction of standard elements and provides suggestions for the same. Following this the author undertakes a comparative analysis between four major corporations operational in the Netherlands to illustrate the differences in the content, placement, and presentation of the cookie settings on their websites and analyses how it results in greater subjectivity around data. The author concludes the series by providing suggestions and the way forward. Continue reading The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 1)

In the first part of this series, the author analyses the decision of the Dutch Data Protection Authority, the Autoritiet Persoonsgegevens in relation to the imposition of a substantial fine of 7,50,000 euros on Tiktok Inc. for infringement of the privacy of young children using the app in the Netherlands. The author posits the need to introduce elements of standardization for the purpose of communicating the reasons for processing personal data to the data subjects. Continue reading The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 1)

Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

In this post, the author evaluates the Doctrine of Humanitarian Intervention through the prism of the 2021 intervention of Afghanistan by the Taliban. The author further analyses the extent to which other States can aid Afghanistan in this crisis and the extent to which use of force is allowed in such circumstances. Continue reading Examining the Humanitarian Intervention Doctrine in International Law Through the Prism of 2021 Afghanistan Crisis

A Discourse on Global Takedowns vis-a-vis X v. Union of India

In this post, the authors attempt to highlight the positive and negative effects of the recent judgement of X v. Union of India vis-a-vis global blocking. The authors discuss the right to be forgotten, in relation to global blocking, and the implications therein. Finally, the authors lay down their suggestions, citing the requirement for legislation which deal in particular with this concept, in order to avoid arbitrariness, and to ensure that justice is upheld.
Continue reading A Discourse on Global Takedowns vis-a-vis X v. Union of India

Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

In this post, the authors delve into the veracity behind Ghana’s legal regime on LGBTQ+ rights. They attempt to do this by scrutinising its legal framework, the influence of its socio-religious fabric on the same, and its international legal obligations. The authors argue that LGBTQ+ rights, as opposed to ‘special rights’, are inherently embedded in the body of international human rights. Further, they argue that there is ample room in the Ghanaian Constitution to honour and import the construction of ‘sex’ and ‘gender’ to include sexual orientation and gender identity as per the international standards. Continue reading Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

Time To Play Fair Vis-a-Vis Spotify vs Apple

In this post the authors discuss the recent investigation by the European Commission in the matter of Spotify v. Apple, which has resurfaced the issue of the dominance established by the few Big Technologies. Efforts made by the competition regulators in European Union, the United States, United Kingdom and India to reduce this Big Tech dominance have so far been abortive. This article delves into the unsolved ambiguities in this area in the backdrop of the Spotify v. Apple case. Continue reading Time To Play Fair Vis-a-Vis Spotify vs Apple